Can a motion to strike be filed after the answer is filed?
Any motion should show enough good cause to have the court use its discretion in the defendant’s favor. Under these principles, the court had inherent authority to treat defendant’s motion as a motion to strike, and to consider it on the merits even though the motion was filed after defendant had filed its responsive pleading.
Can a motion to strike be filed concurrently with a demurrer?
If you are bringing a motion to strike a complaint, the motion cannot be brought after an answer or demurrer is filed, however, the motion may be brought concurrently with a demurrer. Check the local local rules. Some Courts may still have extra “guidelines” regarding law and motion practice in general or motions to strike in particular.
When to file motion to strike under CCP § 436?
Thus for practitioners, a motion under CCP § 436 can be used at a later stage in litigation where the need may arise to strike allegations, limit issues at trial, and/or potentially raise an argument that was not asserted previously. Any motion should show enough good cause to have the court use its discretion in the defendant’s favor.
What do you need to know about notice of motion?
Double Check the Notice of Motion. The Notice of Motion must set forth exactly what the moving party seeks to strike. If you wish to strike the entire pleading, say so. If you wish to strike a particular numbered paragraph, clearly identify the paragraph.
Do you have to file a response to a motion to strike?
Having dueling documents in the Court file should not make a difference. There is no requirement that you file a formal response, unless you want to. The court will have a hearing on the motion where you can argue against the motion to strike.
Can a defendant file a reply to a motion?
And the defendants filed a reply. And because you’ve almost certainly lost track already, I point out that this was not just a reply. It was a reply to a response to a motion for leave to file a surreply to the plaintiff’s reply to the defendants’ response to the plaintiff’s motion to compel.
How to oppose a motion filed by the other side?
Click to visit Lawyers and Legal Help. If you received a motion filed by the other side and need to file an opposition, click to visit Opposing a Motion Filed Against You for forms and information. Under the court’s rules, a motion must: This is called a “memorandum of points and authorities.”
Can you cite case law in a motion to strike?
But, to answer your question, and as the last attorney stated, yes, you may cite case law and attach documents. www.IrvingReillyLaw.com Note: The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.